Common use of Without prejudice to the generality of Clause 8 Clause in Contracts

Without prejudice to the generality of Clause 8. 01:- (a) if the Owner does not comply with the provisions of Clause 6 or any of them the Agent shall be entitled (but not bound) to effect or to replace and renew and thereafter to maintain the Insurances in such manner as in its discretion it may think fit and to require that all policies, contracts and other records relating to the Insurances (including details of any correspondence concerning outstanding claims) be forthwith delivered to such brokers as the Agent may nominate and to collect, recover, compromise and give a good discharge for all claims then outstanding or thereafter arising under the Insurances or any of them and to take over or institute (if necessary using the name of the Owner) all such proceedings in connection therewith as the Agent in its absolute discretion may think fit and to permit the brokers through whom the collection or recovery is effected to charge the usual brokerage therefor; and (b) if the Owner does not comply with the provisions of Clause 7.01(d) and/or 7.01(f) or any of them the Trustee shall be entitled (but not bound) to arrange for the carrying out of such repairs to and/or surveys of the Rig as it deems expedient or necessary; and (c) if the Owner does not comply with the provisions of Clause 7.01(h) or any of them the Trustee shall be entitled (but not bound) to pay and discharge all such debts, damages and liabilities and all such tolls, dues, taxes, assessments, charges, fines, penalties and other outgoings as are therein mentioned and/or to take any such measures as it deems expedient or necessary for the purpose of securing the release of the Rig.

Appears in 3 contracts

Samples: Mortgage Agreement (Reading & Bates Corp), Mortgage Agreement (Reading & Bates Corp), Mortgage Agreement (Reading & Bates Corp)

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Without prejudice to the generality of Clause 8. 01:- (a) if the Owner does not comply with the provisions of Clause 6 or any of them the Agent shall be entitled (but not bound) to effect or to replace and renew and thereafter to maintain the Insurances in such manner as in its discretion it may think fit and to require that all policies, contracts and other records relating to the Insurances (including details of any correspondence concerning outstanding claims) be forthwith delivered to such brokers as the Agent may nominate and to collect, recover, compromise and give a good discharge for all claims then outstanding or thereafter arising under the Insurances or any of them and to take over or institute (if necessary using the name of the Owner) all such proceedings in connection therewith as the Agent in its absolute discretion may think fit and to permit the brokers through whom the collection or recovery is effected to charge the usual brokerage therefor; and (b) if the Owner does not comply with the provisions of Clause 7.01(d) and/or 7.01(f) or any of them the Indenture Trustee shall be entitled (but not bound) to arrange for the carrying out of such repairs to and/or surveys of the Rig as it deems expedient or necessary; and (c) if the Owner does not comply with the provisions of Clause 7.01(h) or any of them the Indenture Trustee shall be entitled (but not bound) to pay and discharge all such debts, damages and liabilities and all such tolls, dues, taxes, assessments, charges, fines, penalties and other outgoings as are therein mentioned and/or to take any such measures as it deems expedient or necessary for the purpose of securing the release of the Rig.

Appears in 2 contracts

Samples: Mortgage Agreement (Reading & Bates Corp), Mortgage Agreement (Reading & Bates Corp)

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